Matoesian dismisses slip and fall suit against Wal-Mart
Madison County Circuit Judge Andreas Matoesian on July 25 dismissed a woman's lawsuit against Wal-Mart.
Joyce Hickman of St. Clair County filed a lawsuit Dec. 22 against Wal-Mart, claiming she was hurt after falling on a wet floor while shopping.
Both parties filed a stipulation for dismissal July 25.
Wal-Mart had filed a motion to compel June 12, claiming it had not received any of the plaintiff's discovery responses.
According to the complaint, Hickman visited the Wal-Mart on Collinsville Crossing Boulevard in December 2009. As she tried to get a grocery cart, she allegedly slipped on water on the floor and fell, hurting her back, hand and ankle in the fall.
Hickman accused Wal-Mart and its employees of negligence and sought more than $25,000, but less than $75,000.
Wal-Mart claimed the plaintiff slipped in a natural accumulation of water, and the cause of injuries sustained by the plaintiff was the plaintiff's own conduct in failing to keep a proper lookout and failing to exercise care for her own safety.
Wal-Mart also stated that the plaintiff should be barred from recovering damages because the plaintiff's contributory fault was more than 50 percent of the proximate cause of the injury.
Daniel Bradley and Rebecca Van Court of DeFranco & Bradley represented the defense.
Attorney Celestine Dotson of St. Louis represented Hickman.
Madison County Circuit Court Case No. 11-L-1428.